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Immigration Issues/termination while on O-1 visa

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Question
Hi there,

I've been on O-1 visa (extraordinary ability in the sciences) for a short 6 months but will have my job terminated soon.

1. If I find a job with another company and I believe they have to file a new I-129 application, will we go through the same tedious process as the first time (e.g. collecting reference letters, etc.)? Can I reuse those same letters from before or I have to ask my referees to write new ones?

2. If I cannot find a job and I have to return home, USCIS says "the employer is liable for the reasonable cost of return transportation of the individual to his/her last place of residence prior to entry into the US". Does this just cover a one-way airfare or are there provisions for shipping larger personal items?

I appreciate your help.

Answer
Hi,

Yes, you can reuse copy of the same experience letters, esp. as the USCIS does not require original documents.

If you choose to resign, there is no employer liability for return transportation. However, if you are "dismissed from employment" (involuntarily terminated), then the employer must pay for reasonable return transportation abroad to your last foreign residence. The law does not require the H1B employer to pay for transfer of the employee's property. In addition, the employer has no obligation if the employee chooses to remain in the U.S. following termination of employment.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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